Wills, Estates & Probate Law & Lawyers

Wills and Distribution of Assets

We are living in an age where the majority of the population are better off than previous generations and most people will posses assets at the time of their death. Wills give instructions that are legally enforceable, on the appointment of an executor and on how assets should be distributed. It is an executor's duty to ensure that the wishes of the deceased are carried out. If the deceased has not bothered making a will then there are legal rules which dictate how the money, property or possessions should be allocated. The rules detail the degrees of relationship that are entitled to claim the assets using a Grant of Administration (or grant of probate) issued upon application to the court. If no relative qualifies under the provisions to claim the assets then the Crown (i.e. the government) may be able to take everything.

It is therefore important that almost everyone leaves formal instructions, that is, a "Will" on how they require their assets to be dealt with after death. Failure to do so may mean that the deceased person's assets are distributed in a way that they would not have countenanced in life.

If you would like to make a legally valid will or would like advice regarding any aspect of Wills, estates and probate law including contested Estates, then please complete your free legal enquiry form on the right, or click here.

Making a Will - The importance of using a lawyer

The rules and regulations are extremely complex and there are numerous pitfalls for the unwary. The most common errors made by people who write their own wills include:-

• being unaware of the precise requirements necessary to execute and sign the document;
• failing to distribute all of the assets which may allow the Crown to make a claim;
• failure to give instructions on how to re-distribute assets in the event of a beneficiary dying;
• altering a will improperly after initial execution;
• not taking account of changing relationships including marriages, divorces, births and law pertaining to civil partnerships
• failure to consider that dependents may have a prior claim on the estate.

It is therefore important that a qualified solicitor prepares your Will, so as to ensure that your Will is legally valid, enforceable and that there are no problems in the future.

Basically, having a lawyer prepare your Will gives you peace of mind.

Making a Valid Will

A will should comply with the legal requirements of executing a will. Unless each and every one of the requirements below is met when making a will, the court may not consider the will to be valid and the estate will be dealt with as if there were no will (as an intestate estate).

The requirements for making a valid will are:

• it must be in writing, either typed or handwritten
• it must be signed by the will-maker or by some other person in the presence of and at the direction of the will-maker
• the will-maker's signature must be made or acknowledged in the presence of two or more witnesses, present at the same time
• at least two of those witnesses attest (witness) and sign the will in the presence of the will-maker (but not necessarily in
  the presence of each other)
• the signature of the will-maker or person signing at the direction of, and in the presence of the will-maker must be made
  with the intention of executing the will.
• It is not essential that the will-maker signs at the foot of the will.
• It is not essential for a will to have an attestation clause.
• A witness does not need to know that it is the will-maker's will that they are witnessing.

If you would like to make a legally valid will or would like advice regarding any aspect of Wills, estates and probate law including contested Estates, then please complete your free legal enquiry form on the right, or click here.

Death and Estates

Property and assets belonging to a person who has died are called their estate. An estate can also be dealt with when there is no will, or if a will exists but no executor is appointed, or the appointed executor is not willing to take on the role. In this situation, the court will appoint an administrator, and the estate is distributed according to the terms of the will (if there is one) or the statutory order known as the intestacy rules.

There are many aspects to dealing with an estate. Certain legal procedures must be followed, and financial matters sorted out. Human relationships are never simple and death can complicate matters, especially if it is unexpected and there is no will. Even when there is a will, and seemingly amicable relations exist among the deceased's family, lovers and friends, it may not take long for tensions to surface. Often, death can be a catalyst for exposing unresolved conflicts.

Inheritance problems resulting from complex family and personal relationships, perhaps involving adopted or ex-nuptial children, and disputes over family property, may sometimes lead to expensive and time-consuming court cases. Before considering this option, however, it is wise to get as much advice and information as you can. A court case does not guarantee anyone, except perhaps the lawyers involved, a happy outcome.

If you would like to make a legally valid will or would like advice regarding any aspect of Wills, estates and probate law including contested Estates, then please complete your free legal enquiry form on the right, or click here.

Rights of beneficiaries and others

Beneficiaries under a will have certain rights and protections under the law. The grant of probate or administration provides some protection to beneficiaries or next of kin. Subject to the family provision laws, they can be sure that they are the only people who will receive the property of the deceased person. If someone disputes the claim by producing another will, for example, the only way that person can receive any of the estate is to apply to the court to revoke the grant of probate (or letters of administration).

If the deceased left gifts of money, assets may have to be sold to obtain the money. If the executor does not act diligently, the beneficiaries may complain to the Supreme Court. This is the only right a beneficiary has before distribution. A beneficiary does not own the property until the executor distributes the estate. Before distribution, the executor is regarded as the ‘owner’ of the assets in so far as the executor holds the estate in trust for the beneficiaries.

If you would like to make a legally valid will or would like advice regarding any aspect of Wills, estates and probate law including contested Estates (disputed wills), then please complete your free legal enquiry form on the right, or click here.

Revocation of a Will

Wills can be destroyed physically by the testator or by someone acting on their behalf and are thereafter of no consequence however accidental damage does not cause revocation. They can be altered by addendum called a codicil which must be properly executed.

Appointment of Executors

Executors are appointed by the deceased person and an executor's duty includes responsibility for carrying out the wishes of the deceased. Their job is to collect all assets in accordance with their instructions and thereafter pay all debts and subsequently distribute the net assets to the beneficiaries. Except in the most simple of cases most executors do not deal with this job on their own but instruct a solicitor to act on their behalf as it usually involves considerable paperwork. Executors can be solicitors, bankers or accountants or trusted members of the public including family or friends.

Complete your free legal enquiry form

We are able to put you in contact with lawyers who deal with wills and probate and grants of administration as well as contested Estates and disputes pertaining to Wills. A qualified lawyer can also deal with contested probate cases where either the validity of the document is called into question or there is a claim from someone who was not included as a beneficiary including relatives and dependants.

If you would like advice on any of these matters or have a dispute regarding a will, then please complete your free legal enquiry form on the right, or click here.

Probate

Probate is the legal authority to administer an estate. A Grant of Probate is the document issued by the Probate Court, which says that a Will is valid and confirms the appointment of the Executor. If there is no Will, or if the named Executor does not wish to act, an Administrator is someone who is appointed by law to settle an estate. The Executor or the Administrator of an Estate are responsible for the Administration of the Estate.

Contesting a Will

Contesting a Will is becoming increasingly common. Cases involving contested Wills can be difficult and it is important to appoint a lawyer who specialises in these cases.

Should you require legal help regarding a contested will, please complete your free legal enquiry for more click here.

There are many reasons for contested Wills claims. Broadly speaking, the main issues involved in contesting a Will often include the following:

• contested Will Claims against or between trustees
• contested Will claims against beneficiaries
• contested Will claims against executors
• contested Will claims against administrators
• contested Will claims against personal representatives
• contested Will claims where the deceased lacked mental capacity
• contested Will claims where the Will was made fraudulently or under duress
• contested Will claims where the Will is invalid
• contested Will claims where it is not the last Will of the deceased
• Wrongly drafted Wills can give rise to professional negligence claims

Challenging a Will in Court

To challenge a will it is necessary to issue a summons a court of law. There are time limits to court procedures and qualified legal advice should be sought from a solicitor as soon as possible. Your lawyer will be able to take legal action including applications for caveats and injunctions that will prevent the estate from being distributed until the matter has been heard by a judge who will determine the issues. The application is started by submission of a detailed affidavit of facts sworn by the applicant. It is therefore essential that all potential claimants keep a full and detailed written record of all events pertinent to the claim to assist in presentation of the case. Legal action to challenge a will is, in common with all other court proceedings, won or lost on the quality of the evidence presented to the court.

If you believe you have a contested will claim, please complete your free legal enquiry form on the right, or click here.

Further links to Resources - Wills, Estates & Probate Law & Lawyers

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